State v. Francisco Javier Lopez ( 2017 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket Nos. 44508/44509
    STATE OF IDAHO,                                  )   2017 Unpublished Opinion No. 437
    )
    Plaintiff-Respondent,                     )   Filed: April 18, 2017
    )
    v.                                               )   Stephen W. Kenyon, Clerk
    )
    FRANCISCO JAVIER LOPEZ,                          )   THIS IS AN UNPUBLISHED
    )   OPINION AND SHALL NOT
    Defendant-Appellant.                      )   BE CITED AS AUTHORITY
    )
    Appeal from the District Court of the Seventh Judicial District, State of Idaho,
    Bonneville County. Hon. Bruce L. Pickett, District Judge.
    Order     revoking     probation,     executing     original    sentence     without
    reduction, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Brian R. Dickson, Deputy
    Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
    General, Boise, for respondent.
    ________________________________________________
    Before GRATTON, Chief Judge; GUTIERREZ, Judge;
    and HUSKEY, Judge
    ________________________________________________
    PER CURIAM
    In these consolidated appeals, Francisco Javier Lopez pled guilty to unlawful discharge
    of a firearm at an occupied vehicle (Docket No. 44508), and possession of a controlled substance
    with intent to deliver (Docket No. 44509). 
    Idaho Code §§ 18-3317
    , 37-2732(a)(1)(A). In
    exchange for his guilty plea, additional charges were dismissed. The district court sentenced
    Lopez to concurrent unified terms of twelve years with two years determinate in the unlawful
    discharge case; and eight years with two years determinate in the possession case. Lopez filed
    an Idaho Criminal Rule 35 motion for a reduction of sentence in each case, both of which the
    district court granted by retaining jurisdiction. Following the period of retained jurisdiction, the
    1
    district court suspended Lopez’s sentences and placed him on supervised probation for a period
    of six years. Lopez admitted to various probation violations and the district court again retained
    jurisdiction, thereafter placing Lopez on probation. Subsequently, Lopez admitted to violating
    the terms of the probation, and the district court consequently revoked probation and ordered
    execution of the original sentences without reduction. Lopez appeals, contending that the district
    court abused its discretion by declining to reduce his sentences upon revoking probation.
    The court may, after a probation violation has been established, order that the suspended
    sentence be executed or, in the alternative, the court is authorized under I.C.R. 35 to reduce the
    sentence. Beckett, 122 Idaho at 325, 834 P.2d at 327; State v. Marks, 
    116 Idaho 976
    , 977, 
    783 P.2d 315
    , 316 (Ct. App. 1989). When we review a sentence that is ordered into execution
    following a period of probation, we will examine the entire record encompassing events before
    and after the original judgment. State v. Hanington, 
    148 Idaho 26
    , 29, 
    218 P.3d 5
    , 8 (Ct. App.
    2009). We base our review upon the facts existing when the sentence was imposed as well as
    events occurring between the original sentencing and the revocation of probation. 
    Id.
     Thus, this
    Court will consider the elements of the record before the trial court that are properly made part of
    the record on appeal and are relevant to the defendant’s contention that the trial court should
    have reduced the sentence upon revocation of probation. Morgan, 153 Idaho at 621, 288 P.3d at
    838.
    Applying the foregoing standards, and having reviewed the record in this case, we cannot
    say that the district court abused its discretion in ordering execution of Lopez’s sentences
    without modification.    Therefore, the orders revoking probation and directing execution of
    Lopez’s previously suspended sentences are affirmed.
    2
    

Document Info

Filed Date: 4/18/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2017